CSHB 74(STA): "An Act relating to the implementation of the federal REAL ID Act of 2005; relating to issuance of identification cards and drivers' licenses; relating to data sharing by the Department of Administration; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 74(STA) 01 "An Act relating to the implementation of the federal REAL ID Act of 2005; relating to 02 issuance of identification cards and drivers' licenses; relating to data sharing by the 03 Department of Administration; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.65.310(a) is amended to read: 06 (a) Upon payment of a $15 fee, the department shall issue a card identical to 07 the motor vehicle operator's license provided for in AS 28.15.111, except that the card 08 shall be of a different color and shall state in bold type letters across the face of it that 09 it is for identification purposes only. Upon request of a person and upon payment 10 of an additional $20 fee, the department may issue an identification card under 11 this section that is federally compliant. 12 * Sec. 2. AS 18.65.310(b) is amended to read: 13 (b) A person may obtain an identification card provided for in (a) of this 14 section by applying to the department on forms and in the manner prescribed by the
01 department. The department shall include on the application for an identification 02 card a requirement that the applicant indicate 03 (1) that the applicant understands the options for identification 04 cards available at the time of issuance; and 05 (2) the type of identification card that the applicant selects. 06 * Sec. 3. AS 18.65.310 is amended by adding new subsections to read: 07 (m) The department shall adopt regulations for the issuance of identification 08 cards that are federally compliant. For identification cards that are federally compliant, 09 the department 10 (1) shall copy, scan, or retain only the minimum number of documents 11 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 12 or federal law, for issuance of an identification card that is federally compliant; 13 (2) shall destroy, regularly and as close as practicable to the minimum 14 amount of time required by P.L. 109-13, Division B (REAL ID Act of 2005), or other 15 applicable state or federal law, any documents retained under (1) of this subsection; 16 and 17 (3) may not copy, scan, or retain in any form a document that is not 18 required to be retained under (1) of this subsection. 19 (n) The department shall continue to issue identification cards that are not 20 federally compliant. Nothing in this section or regulations adopted under this section 21 requires a person to be issued an identification card that is federally compliant. An 22 applicant must clearly request an identification card that is federally compliant to 23 obtain one. The state or a municipal government may not require a person to possess 24 or use an identification card that is federally compliant. The state or a municipal 25 government shall treat an identification card that is not federally compliant the same as 26 an identification card that is federally compliant. For an identification card that is not 27 federally compliant, the department 28 (1) shall retain an image of the face on the identification card for not 29 more than one year after the expiration of the identification card; if an applicant does 30 not receive an identification card, the department may not retain an image of the 31 applicant's face;
01 (2) may not copy, scan, or retain in any form a document other than the 02 application. 03 (o) An identification card expires on the person's birthday in the eighth year 04 following issuance of the identification card. An identification card may be renewed 05 within one year of its expiration upon proper application and payment of the required 06 fee. An identification card may be renewed by mail or on the department's Internet 07 website, except that an identification card may not be renewed by mail or on the 08 department's Internet website if the most recent renewal of the applicant's 09 identification card was by mail or on the department's Internet website. Under 10 regulations adopted by the department, the department may issue to a person an 11 identification card with a duration of less than eight years if the person is authorized to 12 stay in the United States for less than eight years or if the period of authorized stay is 13 indefinite. The department shall issue the identification card for the period of the 14 authorized stay. If the period of authorized stay is indefinite, the department shall issue 15 the identification card with a validity of up to eight years. 16 (p) The department shall provide public information about the differences 17 between identification cards and identification cards that are federally compliant. The 18 department shall also provide the information to applicants for new and renewal 19 identification cards at the time of application. At a minimum, the information must 20 include a description of 21 (1) each type of identification card; 22 (2) the storage and sharing process for an applicant's information for 23 an identification card and an identification card that is federally compliant; and 24 (3) the official purpose and limitations on the use of each type of 25 identification card, including a description of the purposes for which an identification 26 card that is federally compliant may be required and a description of alternatives to 27 using an identification card that is federally compliant to serve those purposes. 28 (q) In this section, "identification card that is federally compliant" means an 29 identification card issued by the state that has been certified by the United States 30 Department of Homeland Security to be in compliance with the requirements of P.L. 31 109-13, Division B (REAL ID Act of 2005).
01 * Sec. 4. AS 28.05 is amended by adding a new section to read: 02 Sec. 28.05.068. Prohibition on data sharing. (a) If the department conveys, 03 distributes, or communicates data to be used in a database, index, pointer system, or 04 any other system managed by an entity other than the department, including the 05 American Association of Motor Vehicle Administrators, to comply with the 06 requirements of P.L. 109-13, Division B (REAL ID Act of 2005), the department may 07 not convey, distribute, or communicate to that entity any data not required to be 08 conveyed, distributed, or communicated for the state to be certified by the United 09 States Department of Homeland Security to be in compliance with the requirements of 10 P.L. 109-13, Division B (REAL ID Act of 2005). 11 (b) The department shall take all steps necessary to obtain from the entity an 12 agreement that the state need not convey, distribute, or communicate social security 13 numbers, in whole or in part, to participate in the database, index, pointer system, or 14 other system. 15 (c) The department shall take all steps available to work with other states, the 16 United States Department of Homeland Security, and any multistate entities in which 17 the state participates to secure a means of compliance with P.L. 109-13, Division B 18 (REAL ID Act of 2005), including through an interstate compact, that does not 19 involve the storage or sharing of social security numbers, in whole or in part, with an 20 interstate database, index, pointer system, or other system. 21 (d) The department shall submit an annual report on the results of the efforts 22 required under (b) and (c) of this section to the senate secretary and chief clerk of the 23 house of representatives on or before January 31 of each year and notify the legislature 24 that the report is available. 25 * Sec. 5. AS 28.15.041 is amended by adding new subsections to read: 26 (d) The commissioner shall adopt regulations for the issuance of drivers' 27 licenses that are federally compliant. For drivers' licenses that are federally compliant, 28 the department 29 (1) shall copy, scan, or retain only the minimum number of documents 30 required by P.L. 109-13, Division B (REAL ID Act of 2005), or other applicable state 31 or federal law, for issuance of a driver's license that is federally compliant;
01 (2) shall destroy, regularly and as close as practicable to the minimum 02 amount of time required by P.L. 109-13, Division B (REAL ID Act of 2005), or other 03 applicable state or federal law, any documents retained under (1) of this subsection; 04 and 05 (3) may not copy, scan, or retain in any form a document that is not 06 required to be retained under (1) of this subsection. 07 (e) The department shall continue to issue drivers' licenses that are not 08 federally compliant. Nothing in this section or regulations adopted under this section 09 requires a driver to be issued a driver's license that is federally compliant. An 10 applicant must clearly request a driver's license that is federally compliant to obtain 11 one. The state or a municipal government may not require a person to possess or use a 12 driver's license that is federally compliant. The state or a municipal government shall 13 treat a driver's license that is not federally compliant the same as a driver's license that 14 is federally compliant. For a driver's license that is not federally compliant, the 15 department 16 (1) shall retain an image of the face on the license for not more than 17 one year after the expiration of the license; if an applicant does not receive a driver's 18 license, the department may not retain an image of the applicant's face; 19 (2) may not copy, scan, or retain in any form a document other than the 20 application. 21 (f) The department shall provide public information about the differences 22 between drivers' licenses and drivers' licenses that are federally compliant. The 23 department shall also provide the information to applicants for new and renewal 24 drivers' licenses at the time of application. At a minimum, the information must 25 include a description of 26 (1) each type of driver's license; 27 (2) the storage and sharing process for an applicant's information for a 28 driver's license and a driver's license that is federally compliant; and 29 (3) the official purpose and limitations on use of each type of driver's 30 license, including a description of the purposes for which a driver's license that is 31 federally compliant may be required and a description of alternatives to using a
01 driver's license that is federally compliant to serve those purposes. 02 * Sec. 6. AS 28.15.061(b) is amended to read: 03 (b) An application under (a) of this section must 04 (1) contain the applicant's full legal name, date and place of birth, sex, 05 and mailing and residence addresses; 06 (2) state whether the applicant has been previously licensed in the past 07 10 years as a driver and, if so, when and by what jurisdiction; 08 (3) state whether any previous driver's license issued to the applicant 09 has ever been suspended or revoked or whether an application for a driver's license has 10 ever been refused and, if so, the date of and reason for the suspension, revocation, or 11 refusal; 12 (4) contain the applicant's social security number; the requirement of 13 this paragraph only applies to an applicant who has been issued a social security 14 number; [AND] 15 (5) contain other information that the department may reasonably 16 require to determine the applicant's identity, competency, and eligibility; and 17 (6) require that the applicant indicate 18 (A) that the applicant understands the options for drivers' 19 licenses available at the time of issuance; and 20 (B) the type of driver's license that the applicant selects. 21 * Sec. 7. AS 28.15.101(a) is amended to read: 22 (a) Except as otherwise provided in this chapter, a driver's license expires on 23 the licensee's birthday in the eighth [FIFTH] year following issuance of the license. A 24 license may be renewed within one year of its expiration upon proper application, 25 payment of the required fee, and except when a license is renewed under (c) of this 26 section, successful completion of a test of the licensee's eyesight. 27 * Sec. 8. AS 28.15.101(d) is amended to read: 28 (d) Under regulations adopted by the department, the department may issue to 29 a person a driver's license with a duration of less than eight [FIVE] years if the person 30 is authorized to stay in the United States for less than eight [FIVE] years or the period 31 of authorized stay is indefinite. The department shall issue the license for the period of
01 the authorized stay. If the period of authorized stay is indefinite, the department shall 02 issue the license with a validity of up to eight years [ONE YEAR. THE 03 DEPARTMENT SHALL PROVIDE THAT A PERSON RECEIVING A LICENSE 04 WITH A DURATION OF LESS THAN FIVE YEARS UNDER THIS SUBSECTION 05 MAY RENEW THE LICENSE WITHOUT A RENEWAL FEE DURING A PERIOD 06 OF UP TO FIVE YEARS AFTER FIRST ISSUANCE OF THE LICENSE]. 07 * Sec. 9. AS 28.15.111(a) is amended to read: 08 (a) Upon successful completion of the application and all required 09 examinations, and upon payment of the required fee, the department shall issue to 10 every qualified applicant a driver's license indicating the type or general class of 11 vehicles that the licensee may drive. The license must (1) display a distinguishing 12 number assigned to the license; (2) display the licensee's full name, address, date of 13 birth, brief physical description, and [COLOR] photograph; (3) display either a 14 facsimile of the signature of the licensee or a space upon which the licensee must write 15 the licensee's usual signature with pen and ink; (4) physical security features 16 designed to prevent tampering, counterfeiting, or duplication of the document for 17 fraudulent purposes [DISPLAY A HOLOGRAPHIC SYMBOL INTENDED TO 18 PREVENT ILLEGAL ALTERATION OR DUPLICATION]; (5) display, for a 19 qualified applicant who is under 21 years of age, the words "UNDER 21"; and (6) to 20 the extent the department is able, be designed to allow the electronic reading and 21 electronic display of the information described under (2) of this subsection and the 22 electronic reading and display and a physical display on the license that the person is 23 restricted from purchasing alcoholic beverages under AS 04.16.160. A license may not 24 display the licensee's social security number and is not valid until signed by the 25 licensee. If facilities are not available for the taking of the photograph required under 26 this section, the department shall endorse on the license, the words "valid without 27 photograph." 28 * Sec. 10. AS 28.15.111 is amended by adding new subsections to read: 29 (d) The department may not engage in bulk sharing of facial images captured 30 as a result of an application for a driver's license with a database, other than a database 31 established by the state, regardless of whether the applicant applied for a driver's
01 license that is federally compliant or a driver's license that is not federally compliant. 02 The prohibition in this subsection does not apply to a commercial driver's license. 03 (e) A commercial driver's license must be federally compliant. 04 * Sec. 11. AS 28.15.271(b) is amended to read: 05 (b) In addition to the fees under (a) of this section, 06 (1) a person who renews a driver's license by mail shall pay a fee of 07 $1; 08 (2) a person who applies for a limited driver's license under 09 AS 28.15.201 shall pay a fee of $100; and 10 (3) a person who applies for reinstatement of a driver's license under 11 AS 28.15.211 shall pay a fee of 12 (A) $100 if the person's driver's license has, within the 10 years 13 preceding the application, been suspended, revoked, or limited under the 14 provisions of this chapter, except as provided by (C) of this paragraph, only 15 once; 16 (B) $250 if the person's driver's license has, within the 10 years 17 preceding the application, been suspended, revoked, or limited under the 18 provisions of this chapter, except as provided by (D) of this paragraph, two or 19 more times; 20 (C) $200 if the person's driver's license has, within the 10 years 21 preceding the application, been revoked under AS 28.35.030 or 28.35.032 only 22 once; or 23 (D) $500 if the person's driver's license has, within the 10 years 24 preceding the application, been revoked under AS 28.35.030 or 28.35.032 two 25 or more times; 26 (4) a person who applies for a driver's license that is federally 27 compliant shall pay a fee of $20. 28 * Sec. 12. AS 28.90.990(a) is amended by adding a new paragraph to read: 29 (32) "driver's license that is federally compliant" means a driver's 30 license issued by the state that has been certified by the United States Department of 31 Homeland Security to be in compliance with the requirements of P.L. 109-13,
01 Division B (REAL ID Act of 2005). 02 * Sec. 13. AS 44.99.040(a)(2) is repealed. 03 * Sec. 14. AS 28.05.068(d) is repealed June 30, 2021. 04 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of 07 Administration may adopt regulations necessary to implement the changes made by this Act. 08 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 09 effective date of the law implemented by the regulation. 10 * Sec. 16. Sections 13 and 15 of this Act take effect immediately under AS 01.10.070(c). 11 * Sec. 17. Except as provided in sec. 16 of this Act, this Act takes effect January 1, 2019.